5605 Victoria Drive By-law No (Being a By-law to Amend By-law 3575, being the Zoning and Development By-law)

Transcription

1 City of Vancouver Zoning and Development By-law Community Services, 453 W 12th Ave Vancouver, BC V5Y 1V4 F fax planning@cityvancouverbcca CD-1 (373) 5605 Victoria Drive By-law No 7715 (Being a By-law to Amend By-law 3575, being the Zoning and Development By-law) Effective March 25, 1997 (Amended up to and including By-law No 8760, dated December 9, 2003) Consolidated for Convenience Only

2 1 [Section 1 is not reprinted here It contains a standard clause amending Schedule D (Zoning District Plan) to reflect this rezoning to CD-1] 2 Uses The area shown included within the heavy black outline on Schedule A shall be more particularly described as CD-1 (373), and the only uses permitted within the outlined area, subject to such conditions as Council may by resolution prescribe, and the only uses for which development permits will be issued are (a) Cultural and Recreational Uses, excluding Golf Course or Driving Range, Marina, Riding Ring, and Stadium or Arena, (b) Dwelling units in conjunction with any of the uses listed in this schedule, [8021; ] (c) Multiple Conversion Dwelling, resulting from the conversion of a building which was in existence prior to June 18, 1956, provided that: (i) before making a decision the Development Permit Board shall consider the quality and livability of the resulting units, the suitability of the building for conversion in terms of age and size, and the effect of the conversion on adjacent properties and the character of the area, and (ii) building additions shall not be permitted, (d) Residential Unit associated with and forming an integral part of an artist studio, subject to the provisions of section 1119 of the Zoning and Development By-law, (e) Institutional Uses, (f) Manufacturing Uses, limited to Jewellery Manufacturing and Printing or Publishing, (g) Office Uses, (h) Parking Uses, (i) Retail Uses, excluding Neighbourhood Grocery Store, (j) Service Uses, excluding Body-rub Parlour, Laboratory, Laundry or Cleaning Plant, Production or Rehearsal Studio and Work Shop, (k) Transportation and Storage Uses, limited to Taxicab or Limousine Station, (l) Utility and Communication Uses, excluding Waste Disposal Facility, (m) Wholesale Uses, excluding Bulk Fuel Depot, Cardlock Fuel Station, Junk Yard or Shop, and (n) Accessory Uses customarily ancillary to any of the above uses 3 Floor Space Ratio 31 The floor space ratio must not exceed 139 [8021; ] 32 The following will be included in the computation of floor space ratio: (a) all floors of all building including accessory buildings, both above and below ground level, to be measured to the extreme outer limits of the building 33 The following will be excluded in the computation of floor space ratio: (a) (b) (c) open residential balconies or sundecks and any other appurtenances which, in the opinion of the Director of Planning, are similar to the foregoing, provided that the total area of all exclusions does not exceed eight percent of the residential floor area being provided; patios and roof gardens, provided that the Director of Planning first approves the design of sunroofs and walls; where floors are used for off-street parking and loading, bicycle storage, heating and mechanical equipment or uses which in the opinion of the Director of Planning are similar to the foregoing, those floors or portions thereof so used which are at or below the base surface, provided that the maximum exclusion for a parking space shall not exceed 73 m in length; Note: Information included in square brackets [ ] identifies the by-law numbers and dates for the amendments to By-law No 7715 or provides an explanatory note City of Vancouver CD-1 (373) Amended to By-law No Victoria Drive 1 December 9, 2003

3 (d) (e) (f) amenity areas, including child day care facilities, recreational facilities and meeting rooms accessory to a residential use, to a maximum total area of 10 percent of the total building floor area, provided that for child day care facilities the Director of Planning, on the advice of the Director of Social Planning, is satisfied that there is a need for a day care facility in the immediate neighbourhood; and all residential storage space above or below base surface, except that if the residential storage space above base surface exceeds 37 m 2 per dwelling unit, there will be no exclusion for any of the residential storage space above base surface for that unit; [8760; ] where exterior walls greater than 152 mm in thickness have been recommended by a Building Envelope Professional as defined in the Building By-law, the area of the walls exceeding 152 mm, but to a maximum exclusion of 152 mm thickness, except that this clause shall not apply to walls in existence prior to March 14, 2000 [8169; ] 4 Height The maximum building height, measured above the base surface, is 174 m and the building must not extend beyond 4 storeys [8021; ] 5 Setbacks The minimum setback of a residential building from the south property boundary is 37 m and from the west property boundary is 31 m [8021; ] 6 Off-Street Parking and Loading 61 Off-street parking, loading and bicycle spaces must be provided, developed and maintained in accordance with the applicable provisions of the Parking By-law, except that a minimum of 085 off-street parking spaces for every dwelling unit, plus one space for each 250 m² of gross floor area must be provided 62 The Director of Planning, on the advice of the City Engineer, may grant a relaxation in the requirements of section 61 where enforcement would result in unnecessary hardship and where he is of the opinion that such relaxation will not adversely impact surrounding developments and residents or the parking needs of residents or visitors to the site [8021; ] 7 Acoustics All development permit applications require evidence in the form of a report and recommendations prepared by a person trained in acoustics and current techniques of noise measurement demonstrating that the noise levels in those portions of the dwelling units listed below will not exceed the noise level set opposite such portions For the purposes of this section, the noise level is the A-weighted 24-hour equivalent (Leq) sound level and will be defined simply as noise level in decibels [8021; ] Portions of Dwelling Units Noise Levels (Decibels) bedrooms 35 living, dining, recreation rooms 40 kitchen, bathrooms, hallways 45 8 [Section 8 is not reprinted here It contains a standard clause including the Mayor and City Clerk s signatures to pass the by-law and certify the by-law number and date of enactment] [8021; ] City of Vancouver CD-1 (373) Amended to By-law No Victoria Drive 2 December 9, 2003

4 Schedule A City of Vancouver CD-1 (373) Amended to By-law No Victoria Drive 3 December 9, 2003

5 City of Vancouver CD-1 (373) Amended to By-law No Victoria Drive 4 December 9, 2003

6 - CARRIED UNANIMOUSLY The Big Bamboo (Clause 4) / MOVED by Cllr Kennedy, _I THAT clause 4 of the Vancouver Liquor Licensing Commission,k report be received for information,/ - CARRIED UNANIMOUSLY / RISE FROM COMMITTEE OF THE WHOLE MOVED by Cllr Bellamy, THAT the Committee of the Whole rise and report - CARRIED UNANIMOUSLY ADOPT REPORT OF COMMITTEE OF THE WHOLE MOVED by Cllr Herbert, SECONDED b Cllr Don Lee, THA the report of the Committee of the - CARRIED UNANIM / 1 A By-law to amend By-law No 7715, being a By-law which amended the Zoning & Development By-law by rezoning an area to CD-1 (5605 Victoria Drive) By-law 8021 MOVED by Cllr Daniel Lee, SECONDED by Cllr Herbert, THAT the By-law be introduced and read a first time - CARRIED UNANIMOUSLY The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment There being no amendments, it was

7 MOVED by Cllr Daniel Lee, SECONDED by Cllr Herbert, THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law - CARRIED UNANIMOUSLY Councillors Chiavario, Kennedy and Puil were excused from MOVED by Cllr Daniel Lee, SECONDED by Cllr Herbert, THAT the By-law,/ / / and read a first time UNANIMOUSLY The By-law wa>r6ad a first time and the Presiding Officer declare the By-law open for, d discussion and amendment / by Cllr Daniel Lee, THAT the By-law be given authorized to sign and seal t Mayor and City Clerk be June 11, CARRIED UNANWIOUSLY

8 Special Council (Public Hearing), February 20, Rezoning: 5605 Victoria Drive (formersafeway) Before ti lis item began Councilkx Kennedy declared conflict of interest because her husband would be repnzxnting the prom owners The Councillor then left the meeting and did not return untilafterthevotewastaken An applica!ion by the Director of Land Use and Development was considered as follows: Summary: The proposed rezoning would limit development to the exi&g building and permit all uses listed in the C-2 DisGct Schedule The rezoning was initiated by the Planning Depa&mt to address staffs cmcems about the potential scale and impact of redevelopment that could occur on this pmperty, immediately adjacent to a single-family area, and to ensure that redevelopment of the property meets community objectives The Dinxtor of Land Use and Development recommended approval of the application, with no conditions t-- Staff Opening Comment3 Rick Scobie, Director of Land Use and Development, reviewed the application which he initiated to rezone private property at 5605 Victoria Drive The subject site was rezoned to C-2 in 1970 to accommodate the development of a Safeway store which has now closed There is considerable opportunity to redevelop the site in a Won which was not contemplated at the time the C-2 zoning was put in place, and would be potentially very detrimental to nearby residential properties lf approved, the proposed CD-l rezoning would limit development to the exist@ building, and a subsequent recommendation would be brought forward to approve a Form of Development restricted to that currently on tie site staff Mr Scobie indicated do not intend this as a long term zoning, but as an interim zoning from which fkther rezoning can be cmntemplated A Neighbourhood Visioning Pilot Project is about to start in the Cedar Cottage neighhourhood, and the owners may wish to participate in that process However, it was not his intention to freeze the site for the duration of Neighhourhood Visioning, and a rezoning application undertaken in consultation with the community could he considered Mr Scobie added that acceptance of a rezoning application prior to mnpkticm of Neighbourhood Vioning would be a concern to his colleagues in City Plans, and Council may wish to provide advice as to how to proceed ifan application does come forward c&d

9 Special Council (Public Hearing), February 20,1997 I O Clause No 2 (cont d) Responding to queries, Mr Scobie advised a further rezoning of this site before the visioning pr~ess is complete may preclude -ties Because of its size, the site does offer opportunities for the development of a neighbourlmd centre, for example Also, a rezoning of this size may pnxcupy adjacent residents and reduce their participation in visioning Council could advise stae not to contemplate rezoning while visioning is underway, and it would accord with Council s usual practice to do so However, Mr Scobie felt this is an exceptional situation, in that the application before Council ff lis evening would, if approved, impose a significant dowmxming,on this particular property Any subsequent rezoning application would flow from this City-initiated rezoning Summary of Correspondence There was no cmrespondence received on this application Speakers Mayor Owen called for speakers for and against the application and one speaker opposed the application Gerry Kennedy appeared on behalf of Canada Safeway Limited, owners of the propkty at 5605 Victoria Drive Canada Safeway shares concmns for the neighbourlmod, but the store is no longer in use and the land must be sold If this rezoning is approved, Canada Safeway will be left in a very unfair and untenable position with nothing to sell and a site with only loo/o of its current fsr City staffs greatest concern appears to be the interface with the residential area to the west This concern could be alleviated by rezoning only the portion west of the lane, and leaving the easterly potion along Victoria Drive C-2 Mr Kennedy asked that Council either deny the applic&iou, or leave the eastedy potion C-2 and establish guidelines for the remainder Failing either of these options, Mr Kennedy asked that council either establish guidelines fix the site which would provide some idea of what development would be acceptable, or at least place a timetable on the visioning process He also noted any f&n-e rezoning application will entail costs to the developer In mponse to a question, Mr Kennedy advised a purchase agreement previously entered into for the site has been cancelled Staff Closing Comment With respect to the issue of fkture costs to the developer, Mr Scobie noted this am is not presently subject to development cost levies Anzoning application proposing increased fsr would potentially be subject to a community amenity contribution, however this would be at Councils discretion taking into account the circumstances of the application contd

10 Special Council (Public Hearing), Ptbmty 20,/!&f 11 #v Clause No 2 (cont il) Mr kobie indi&d it *odd bt possiblt! for Council to tezone only the western portion of the site and leave the remainder zoned C-2 However, this may lead to separate disposition of the two pcntious aud preclude its dispo&on as a single consolidated site Mr Scobie was not convinced itwouldbebesttodealwithtwoportionswhenthesite mi@bedealtwithinamorecomprehensive fashion J III response to e question, ltynde challis, Phmner, confirmed the neighbourhood would like tobeinvoh&rnhscussing*happensonthetite Queried whether similar sitnations may arise in iuture, Mr Scobie advised staff are beginning to review similar sites across the city to see if any share a similar history, and whether any other large consolidated, usually C-2 zoned sites ought to be reconsidered Staff will report back on any situations where proactive measures seem c&xl f& Some council members felt it would be a fair and J and rezone only the we&mportiox~ masonable compmmise to divide the site c However, the majority kit the C-2 ztming was not intended to permit anything other than the SaGeway store, with the City s obligation to the ovmer extending no fixrtkr than that use presumably, purchased and consolidated for itt land value centre so as not to preclude opportunities for a neighbourhood by MOW Cht Cletke, J (couuclor!mi Leti tbb Mayor opposed) (Councillor Kennedy retumed to the meeting 8fter the vote on the foregoing item)

11 Regular Council Meeting, March 25, Closing of volumetric portions of Burrard Street and,jj& lane North of West 16th Avenue, West from Burrard %reet,/ (cont d) THEREFORE BE IT RESOLVED TJ&T the Director of Legal Services be, authorized to make application on behalf oftti& City of Vancouver, to raise title in the name of the City of Vancouver to that ioad and lane be dedicated by the deposit of Plan 3557 and included within the bold otine on a Reference Plan, attested to be Alan Olsen, BCLS, representing a surveycsftipleted on January 2&h, 1997; marginally numbered 14179RE; and,/ BE IT FURTHER&SOLVED THAT all those volumetric portions of Burrard Street, and the lane North of,s0i;est 16th Avenue, West from Burrard Street, included within the isometrically on a plan of a survey completed on the 30th day correct by Alan Olsen, BCLS, and marginally numbered closed, stopped-up, and that an easement be granted to the abutting owner Lot 526, Plan LMP 28977, to contain the portions of the onto Burrard Street and the lane North of West 16th The said easement to be to the satisfaction of the C Approval of Form of Development - -- CD-l Victoria Drive File: 5308-l MOVED by Cllr Price, + SECONDED by Cllr Kennedy, THAT the approved form of development for the CD-l zoned site known as 5605 Victoria Drive be amended generally as illustrated in Development Permit Nos DP49894 and DP7372 1, prepared by Ronald Howard, Architect, provided that the Director of Planning may approve design changes which would not adversely affect either the development character and livability of this site or adjacent properties - CARRIED UNANIMOUSLY

12 Regular Council Meeting, March 25, BY-LAWS (CONT D) 4 A By-law to amend By-law No 3575, being the Zoning and Development By-law (Rezoning - C-2 to CD-l 5605 Victoria Drive) I MOVED by Cllr Price, SECONDED by Cllr Sullivan, I THAT the By-law be introduced and read a first time - CARRIED UNANIMOUSLY The By-law was read a first time and the Presiding Officer declared the By-Iaw open for discussion and amendment There being no amendments, it was MOVED by Cllr Price, SECONDED by Cllr Sullivan, THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law - CARRIED UNANIMOUSLY COUNCILLOR PUIL EXCUSED FROM VOTING ON BY-LAW 4 COUNCILLOR KENNEDY EXCUSED FROM VOTING ON BY-LAW 4, DUE TO CONFLICT OF INTEREST I

13 5605 Victoria Drive BY-LAW NO 7715 A By-law to amend By-law No 3575, being the Zonina and Develooment Bv-law THE COUNCIL OF THE enacts as follows: CITY OF VANCOUVER, in open meeting assembled 1 The "Zoning District Plan" annexed to By-law No 3575 as Schedule "D" is hereby amended according to the plan marginally numbered Z-461(a) and attached to this By-law as Schedule "A", and in accordance with the explanatory legends, notations and references inscribed there6n so that the boundaries and districts shown on the Zoning District Plan are varied amended or substituted to the extent shown on Schedule "A" of this By-law and Schedule "A" of this By-law is hereby incorporated as an integral part of Schedule "D" of By-law No Uses The area shown included within the heavy black outline on Schedule "A" shall be more particularly described as CD-l(373) and the only uses permitted within the outlined area, subject to such conditions as Council may by resolution prescribe, and the only uses for which development permits wilt be issued are (a) Cultural and Recreational Uses, excluding Golf Course or Driving Range, Marina, Riding Ring and Stadium or Arena (b) Dwelling units in conjunction with any of the uses listed in this schedule except that no portion of the first storey of a building to a depth of 107 m from the front wall of the building and extending across its full width shall be used for residential purposes except for entrances to the residential portion and provided that before making a decision the Development Permit Board shall consider the design and livability of the dwelling units (c) Multiple building that: Conversion Dwelling, resulting from the conversion of a which was in existence prior to June provided

14 e*- -A b (i) (ii) before making a decision the Development Permit Board shatt consider the quality and livability of the resulting units the suitability of the building for conversion in terms of age and size, and the effect of the conversion on adjacent properties and the character of the area and building additions shall not be permitted (d) (e) Residential Unit associated with and forming an integral part of artist studio, subject to the provisions of section 1119 of the Zoning and Development By-law, Institutional Uses, an (f) (9) (h) (i) Manufacturing Uses, limited to Jewellery Manufacturing and Printing or Publishing, Office Uses, Parking Uses, Retail Uses, excluding Neighbourhood Grocery Store, Cj) Service Uses, excluding Body-rub Parlour Laboratory Laundry Cleaning Plant, Production or Rehearsal Studio and Work Shop or (k) Transportation and Storage Uses limited to Taxicab or Limousine Station, (1) Utility and Communication Uses excluding Waste Disposal FactMy (m) Wholesale Uses, excluding Bulk Fuel Depot Junk Yard or Shop, and Cardlock Fuel Station ~ (n) Accessory Uses customarily ancillary to any of the above uses 3 Floor Space Ratio 31 The floor space ratio must not exceed 030

15 32 The following will be included in the computation of floor space ratio: (a) all floors of all buildings including accessory buildings, both above and below ground level, to be measured to the extreme outer limits of the building 33 The following will be excluded in the computation of floor space ratio: (a) open residential balconies or sundecks and any other appurtenances which, in the opinion of the Director of Planning, are similar to the foregoing, provided that the total area of all exclusions does not exceed eight percent of the residential floor beingarea provided: (b) patios and roof gardens, provided that the Director of Planning first approves the design of sunroofs and walls: (cl where floors are used for off-street parking and loading, bfcycte storage, heating and mechanical equipment or uses which in the opinion of the Director of Planning are similar to the foregoing those floors or portions thereof so used which are at or below the base surface, provided that the maximum exclusion for a parking space shall not exceed 73 m in length: (d) amenity areas, including child day care facilities recreationat facilities and meeting rooms accessory to a residential use, to a maximum total area of 10 percent of the total building floor area provided that for child day care facilities the Director of Planning on the advice of the Director of Social Planning, is satisfied that there is a need for a day care facility in the immediate neighbourhood; and 8 (e) residential storage space provided that where the space is provided at or above base surface, the maximum exclusion shall be 37 m* per dwelling unit

16 4 This By-law comes into force and takes effect on the date of fts passing 1997 DONE AND PASSED in open Council this25th day of march (siqned) Philip W Owen Mayor (signed) Maria C Kinsella City Clerk I hereby certify that the foregoing is a correct passed by the Council of the City of Vancouver on March 1997, and numbered 7715 copy of a By-law the 25th day of CITY CLERK 4

17 BY-LAW No BEING A BY-LAW TO AMEND BY-LAW No I--_-_ BEING I-HE ZONING & DEVELOPMENT BY-LAW THIRTY-NINTH AWE THIRTY-NINTH AVE, FORTIETH AVE t; 2 ti 6 H Ei FORTY-FIRST AVE FORTY-SECCIND AVE, The property outlined in black \) is rezoned: From C-2 To CD-1 RZ $5605 Victoria Drive City of Vancouver Planning Department marx 1 of 1 scale: I: I(tt)

18 BY-LAW NO 7725 A By-law to amend By-law No 6510, being the Siqn Bv-law THE COUNCIL OF THE CITY OF VANCOUVER, in open meeting assembled, enacts as follows: 1 Schedule E to By-law No 6510 is amended by adding the following: "5605 Victoria Drive CD-l(373) 7715 BK-2)" 2 This By-law comes into force and takes effect on the date of its passing 1997 DONE AND PASSED in open Counci 1 thisath day of April, (signed) Philip W Owen Mayor H (signed) Maria C Kinsella City Clerk I hereby certify that the foregoing is a correct copy of a By-law passed by the Council of the City of Vancouver on the 8th day of April 1997, and numbered 7725 CITY CLERK I

19 5605 Victoria Drive BY-LAWNO *O*l A By-law to amend By-law No 7715, being a By-law which amended the Zoning and Development By-law bv rezoning an area to CD-l THE COUNCIL OF THE CITY OF VANCOUVER, in open meeting assembled, enacts as follows: 1 Section 2 of By-law No 7715 is amended in clause (b) by deleting the words except that no portion of the first storey of a building to a depth of 107 m from the front wall of the building and extending across its full width shall be used for residential purposes except for entrances to the residential portion and provided that before making a decision the Development Permit Board shall consider the design and livability of the dwelling units Section 31 is amended by deleting the figure 030 and substituting the figure 3 By-law No 7715 is further amended by renumbering section 4 as section 8 and inserting the following new sections 4 to 7 inclusive: 4 Height The maximum building height, measured above the base surface, is 174 m and the building must not extend beyond 4 storeys 5 Setbacks The minimum setback of a residential building f?om the south property boundary is 37 m and from the west property boundary is 31 m 6 Off-Street Parking and Loading 61 Off-street parking, loading and bicycle spaces must be provided, developed and maintained in accordance with the applicable provisions of the Parking By-law, except that a minimum of 085 off-street parking spaces for every dwelling unit, plus one space for each 250 m* of gross floor area must be provided

20 62 The Director of Planning, on the advice of the City Engineer, may grant a relaxation in the requirements of section 61 where enforcement would result in unnecessary hardship and where he is of the opinion that such relaxation will not adversely impact surrounding developments and residents or the parking needs of residents or visitors to the site 7 Acoustics All development permit applications require evidence in the form of a report and recommendations prepared by a person trained in acoustics and current techniques of noise measurement demonstrating that the noise levels in those portions of the dwelling units listed below will not exceed the noise level set opposite such portions For the purposes of this section, the noise level is the A-weighted 24-hour equivalent (Leq) sound level and will be defined simply as noise level in decibels Portions of Dwelling Units bedrooms living, dining, recreation rooms kitchen, bathrooms, hallways Noise Levels (Decibels) This By-law comes into force and takes effect on the date of its passing 1999 DONE AND PASSED in open Council this 27tbday of April (Signed) Philip W Owen Mayor (Signed) Ulli S Watkiss City Clerk I hereby certify that the foregoing is a correct copy of a By-law passed by the Council of the City of Vancouver on the 27th day of April 1999, and numbered 8021 CITY CLERK

21

22

23